Writ petition , points of arguments and written submissions
Dr Sangh Mittra
(Querist) 31 August 2012
This query is : Resolved
Sir,
Please inform me as to why the Court has the practice of hearing the arguments in a case when all the points have been already submitted in the Writ Petition and when you can not take up any point which is not mentioned in the original writ Petition?
What is the manner of writing an ideal Writ Petition. Merits, Law Points, Case Laws, and what else and in what sequence?
Do you save your trump card argument for the final hearing and how to hide the points to be taken in arguments and in what manner?
Is the final hearing or intermediary hearing only a test of your debating abilities and court craft only?
What should a person do who writes well, covers all points but is unable to express in debate form and when he cannot afford to engage an effective Pleader/speaker?
Can't a Petitioner/ Lawyer inform the Court that he has already submitted the written arguments and the Ho'ble Court may be pleased to decide and with what peril?
The reply of the experts would benefit many Law students and myself who has yet to learn a lot.
Regards,
Dr S Mittra
R.K Nanda
(Expert) 31 August 2012
Purely academic query.
Guest
(Expert) 01 September 2012
Completely academic query.
Dr Sangh Mittra
(Querist) 01 September 2012
Respected Shri Nanda, Barman and Davessar Ji,
If this forum is for the benefit of Students, Advocates and common Litigants, then there should be,
, I humbly submit, no bar to replying to this query unless some trade secret is to be withheld to purposely deny knowledge to others and especially those learning , you may term, the ignorants.
Three Experts remarking:
Purely Academic query.............."
Expert : R.K Nanda
"Academic query.............."
Expert : Devajyoti Barman
"Completely academic query."
Expert : Ashish Davessar
discourages me and all other Experts who see that the Qery is already resolved and they do not even read it.
May I request you to please enlighten and advise or if in case you choose to take my this humble submission unkindly, then the other Experts (I know there are a few retired Judges of the High Courts, practicing as Advocates who are members of this Forum) may be pleased to kindly answer the query in the spirit of this Forum.
Please keep the query open till the query is not resolved/answered and the reply is not up to Yours' satisfaction.
Further, I find that in this Forum if one Expert has given the answer a few others have only answered "I agree", "I completely agree" etc.
Are there any points for answering in whatever manner including "!!?"
With due regards and request to you and others to kindly answer the query.
Dr S Mittra
R.K Nanda
(Expert) 02 September 2012
Join a senior lawyer to learn about writs.
Dr Sangh Mittra
(Querist) 03 September 2012
Are they no experts amongst the top rankers who may answer this query?
Anyway "Thanks" but "No Thanks" to Respected Shri Nanda ji's for his oneliner advice.
But how many of us can join Senior Lawyers?